In this post, we will be discussing section 401.55 of the medical records procedures.
https://www.ssa.gov/OP_Home/cfr20/401/401-0055.htm
Section 401.55 explains that as a patient, you have the right to access your medical records, including any psychological information that is being maintained. If you want to access your medical records, you must make a request in accordance with this section and the procedures in §§ 401.45 through 401.50 of this part. However, if you are a parent or guardian requesting notification of or access to a minor’s medical record, there are additional procedures you must follow.
If you are requesting medical information about yourself, you must also name a representative in writing. The representative may be a physician, other health professional, or other responsible individual who will review the record and inform you of its contents. After the discussion, you are entitled to your records. The representative does not have the discretion to withhold any part of your record. If you do not designate a representative, the requested information may not be released.
In cases where direct access to your medical record is not likely to have an adverse effect on you, you will be granted direct access. However, if direct access is likely to have an adverse effect, the record will be sent to the designated representative. You will be informed in writing that the record has been sent.
If you are requesting access to your minor child’s medical record, to protect their privacy, we will not give you direct notification of or access to the record. Instead, you must make all requests for notification of or access to the record in accordance with the procedures outlined in this section. You must also designate a family physician or other health professional (other than a family member) to whom the record will be sent. If you do not designate a representative, the requested information may not be released.
Once the representative receives the minor’s medical record, they will review the record, discuss its contents with you, then release the entire record to you. The representative does not have the discretion to withhold any part of the minor’s record. We will inform you that the record has been sent to your designated physician or health professional.
If you are the legal guardian of an adult who has been declared legally incompetent, you may receive their medical records directly.
In conclusion, as a patient, you have the right to access your medical records, and as a parent or guardian, you have the right to access your minor child’s medical records. However, there are specific procedures you must follow to access these records. It is important to understand your rights and the procedures to follow to ensure you have access to your medical records when you need them.